Tetra Mobile Radio (Pty) Limited v Member of the Executive Council of the Department of Works and Others

The appellant, Tetra Mobile Radio (Pty) Limited, was an unsuccessful tenderer for a KwaZulu-Natal provincial contract (ZNT 2482W) for the maintenance of repeater networks. The tender was awarded by the Central Procurement Committee to the third respondent, Infotrunk (Pty) Limited. Tetra, having previously held a similar contract, lodged an appeal to the Appeals Tribunal under s 20 of the KwaZulu-Natal Procurement Act 3 of 2001 and requested written reasons and extensive documentation relating to the tender process in order to formulate its grounds of appeal. While reasons were provided, the institutional respondents refused access to most of the requested documents, citing confidentiality. The High Court dismissed Tetra’s application to compel disclosure, and Tetra appealed to the Supreme Court of Appeal.

The appeal was upheld. The order of the High Court was set aside and replaced with an order compelling the first, second, fourth and fifth respondents to furnish specified tender documents and records within 14 days, subject to confidentiality protections. The respondents were ordered jointly and severally to pay the appellant’s costs, including the costs of appeal and two counsel.

The case affirms that fairness and transparency are inherent in public procurement and procurement appeal procedures. It establishes that unsuccessful tenderers have a right of access to relevant tender documentation necessary to exercise statutory appeal rights effectively. The judgment is a leading authority on access to information in procurement disputes and clarifies the relationship between procurement legislation, constitutional principles, and PAIA.